Your valid home address is used to determine which NY State Senator Represents you.

Apt/Suite/Floor (Optional)

City *

State *

Postal Code *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Send me alerts for this bill. I can unsubscribe at any time. Learn more.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

S1229 - Details

S1229 - Summary

Relates to the authenticity, attribution and authorship of fine works of art; defines the term authenticator and stipulates that in a civil action regarding authenticity, the claimant must specify with particularity the facts and prove the elements by clear and convincing evidence; entitles the authenticator to recover reasonable attorneys' fees and expenses if he/she prevails.

S1229 - Sponsor Memo

BILL NUMBER:S1229 REVISED MEMO 02/03/2015
TITLE OF BILL: An act to amend the arts and cultural affairs law, in
relation to opinions concerning authenticity, attribution and
authorship of works of fine art
PURPOSE:
To enhance protections under the law for individuals who are employed
as art authenticator in the visual arts community.
SUMMARY OF PROVISIONS:
Section one adds a new section 13.04 to the arts and cultural affairs
law
Section two sets forth the effective date.
JUSTIFICATION:
In general, artwork is authenticated by a trained person through
documentation, stylistic inquiry, and/or scientific verification. No
one method is perfect as oftentimes authenticity is difficult to
determine. While each authentication method has its own drawbacks, the
role of authenticators as drivers of the art market cannot be
overstated. Art authenticators reduce the risk of counterfeits and

imitation flooding the art market that could potentially devalue the
work of millions of artists.
In recent years, the work of authenticators has come under pressure
from meritless lawsuits against those who render opinions in good
faith. Such defense of expensive and frivolous lawsuits have left many
in the industry reluctant to lend their expertise in authenticating
art works.
This bill would clarify the role of art authenticators to ensure that
those who practice their profession, in good faith, would be afforded
protections under the law to ensure that only valid, verifiable claims
against authenticators are allowed to proceed in civil court.
LEGISLATIVE HISTORY:
2014: S.1356 Committed to Rules; A. 9016 Referred to Tourism, Parks,
Arts and Sports Development
FISCAL IMPLICATIONS:
None
LOCAL FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law and shall apply to all opinions as to the authenticity,
attribution or authorship of a work of fine art provided to someone
other than the authenticator after such effective date.

S T A T E O F N E W Y O R K
________________________________________________________________________
1229
2015-2016 Regular Sessions
I N S E N A T E
January 9, 2015
___________
Introduced by Sens. LITTLE, LATIMER -- read twice and ordered printed,
and when printed to be committed to the Committee on Cultural Affairs,
Tourism, Parks and Recreation
AN ACT to amend the arts and cultural affairs law, in relation to opin-
ions concerning authenticity, attribution and authorship of works of
fine art
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The arts and cultural affairs law is amended by adding a
new section 13.04 to read as follows:
S 13.04. OPINIONS AS TO THE AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF
WORKS OF FINE ART. 1. IN ANY CIVIL ACTION BROUGHT AGAINST AN AUTHENTICA-
TOR THAT ARISES FROM OR RELATES TO THE AUTHENTICATOR'S OPINION OR INFOR-
MATION CONCERNING A WORK OF FINE ART, THE CLAIMANT SHALL:
(A) SPECIFY WITH PARTICULARITY IN THE COMPLAINT FACTS SUFFICIENT TO
SUPPORT EACH ELEMENT OF THE CLAIM OR CLAIMS ASSERTED; AND
(B) PROVE THE ELEMENTS OF SUCH CLAIM OR CLAIMS BY CLEAR AND CONVINCING
EVIDENCE.
2. IN ANY ACTION DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, THE
AUTHENTICATOR SHALL BE ENTITLED TO RECOVER HIS, HER OR ITS REASONABLE
ATTORNEYS' FEES, COSTS AND EXPENSES IF AND TO THE EXTENT THAT THE
AUTHENTICATOR PREVAILS IN SUCH ACTION.
3. "AUTHENTICATOR" AS USED IN THIS SECTION SHALL MEAN, SUBJECT TO THE
LIMITATIONS IN THE FINAL SENTENCE OF THIS PARAGRAPH, A PERSON OR ENTITY
RECOGNIZED IN THE VISUAL ARTS COMMUNITY AS HAVING EXPERTISE REGARDING
THE ARTIST OR WORK OF FINE ART WITH RESPECT TO WHOM SUCH PERSON OR ENTI-
TY RENDERS AN OPINION IN GOOD FAITH AS TO THE AUTHENTICITY, ATTRIBUTION
OR AUTHORSHIP OF A WORK OF FINE ART, OR A PERSON OR ENTITY RECOGNIZED IN
THE VISUAL ARTS OR SCIENTIFIC COMMUNITY AS HAVING EXPERTISE IN UNCOVER-
ING FACTS THAT SERVE AS A DIRECT BASIS, IN WHOLE OR IN PART, FOR AN
OPINION AS TO THE AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF A WORK OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04295-01-5

S. 1229 2
FINE ART. "AUTHENTICATOR" SHALL INCLUDE, BUT NOT BE LIMITED TO, AUTHORS
OF CATALOGUES RAISONNE OR OTHER SCHOLARLY TEXTS IN WHICH AN OPINION AS
TO THE AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF A WORK OF ART IS
EXPRESSED OR IMPLIED. "AUTHENTICATOR" SHALL NOT INCLUDE A PERSON OR
ENTITY THAT HAS A FINANCIAL INTEREST IN THE WORK OF FINE ART FOR WHICH
SUCH OPINION IS RENDERED OR IN ANY TRANSACTION CONCERNING SUCH WORK OF
FINE ART FOR WHICH THE OPINION IS RENDERED, OTHER THAN TO BE COMPENSATED
FOR SERVICES SUCH PERSON OR ENTITY ENGAGED IN TO PROVIDE AN OPINION AS
TO THE AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF SUCH WORK OF FINE ART
OR TO PROVIDE INFORMATION ON WHICH SUCH AN OPINION IS BASED IN WHOLE OR
IN PART.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law and shall apply to all opinions as to the authentici-
ty, attribution or authorship of a work of fine art provided to someone
other than the authenticator after such effective date.

S1229A (ACTIVE) - Details

S1229A (ACTIVE) - Summary

Relates to the authenticity, attribution and authorship of fine works of art; defines the term authenticator and stipulates that in a civil action regarding authenticity, the claimant must specify with particularity the facts and prove the elements by clear and convincing evidence; entitles the authenticator to recover reasonable attorneys' fees and expenses if he/she prevails.

S1229A (ACTIVE) - Sponsor Memo

BILL NUMBER:S1229A
TITLE OF BILL: An act to amend the arts and cultural affairs law, in
relation to opinions concerning authenticity, attribution and
authorship of works of fine art
PURPOSE OR GENERAL IDEA OF BILL: To enhance protections under the law
for individuals who are employed as art authenticator in the visual
arts community
SPECIFIC PROVISIONS:
Section one amends section 11.01 of the arts and cultural affairs law
by adding a new subdivision 23 to define authenticator.
Section two amends section 15.11 of the arts and cultural affairs law,
as added by chapter 849 of the laws of 1984.
Section three amends the arts and cultural affairs law by adding a new
section 15.12.
Section four amends subdivision 4 of section 15.15 of the arts and
cultural affairs law, as added by chapter 849 of the laws of 1984.
Section five amends subdivision five of section 15.15 of the arts and
cultural affairs law, as added by chapter 849 of the laws of 1984

Section six sets forth the effective date.
JUSTIFICATION: In general, artwork is authenticated by a trained
person through documentation, stylistic inquiry, and/or scientific
verification. No one method is perfect as oftentimes authenticity is
difficult to determine. While each authentication method has its own
drawbacks, the role of authenticators as drivers of the art market
cannot be overstated. Art authenticators reduce the risk of
counterfeits and imitations flooding the art market that could
potentially devalue the work of millions of artists.
In recent years, the work of authenticators has come under pressure
from meritless lawsuits against those who render opinions in good
faith. Such defense of expensive and frivolous lawsuits have left many
in the industry reluctant to lend their expertise in authenticating
art works.
This bill would clarify the role of art authenticators to ensure that
those who practice their profession, in good faith, would be afforded
protections under the law to ensure that only valid, verifiable claims
against authenticators are allowed to proceed in civil court.
PRIOR LEGISLATIVE HISTORY: A.9016 of 2013-2014
FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT: None.
EFFECTIVE DATE: This act shall take effect on the sixtieth day after
it shall have become a law and shall apply to all opinions as to the
authenticity, attribution. or authorship of a work of fine art
provided to someone other than the authenticator after such effective
date.

S T A T E O F N E W Y O R K
________________________________________________________________________
1229--A
Cal. No. 1038
2015-2016 Regular Sessions
I N S E N A T E
January 9, 2015
___________
Introduced by Sens. LITTLE, LATIMER -- read twice and ordered printed,
and when printed to be committed to the Committee on Cultural Affairs,
Tourism, Parks and Recreation -- reported favorably from said commit-
tee, ordered to first report, amended on first report, ordered to a
second report and ordered reprinted, retaining its place in the order
of second report
AN ACT to amend the arts and cultural affairs law, in relation to opin-
ions concerning authenticity, attribution and authorship of works of
fine art
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 11.01 of the arts and cultural affairs law is
amended by adding a new subdivision 23 to read as follows:
23. "AUTHENTICATOR" AS USED IN SECTION 15.11, 15.12 AND 15.15 OF THIS
CHAPTER SHALL MEAN, SUBJECT TO THE LIMITATIONS IN THIS SUBDIVISION, A
PERSON OR ENTITY RECOGNIZED IN THE VISUAL ARTS COMMUNITY AS HAVING
EXPERTISE REGARDING THE ARTIST, WORK OF FINE ART, OR VISUAL ART MULTIPLE
WITH RESPECT TO WHOM SUCH PERSON OR ENTITY RENDERS AN OPINION AS TO THE
AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF A WORK OF FINE ART OR VISUAL
ART MULTIPLE, OR A PERSON OR ENTITY RECOGNIZED IN THE VISUAL ARTS OR
SCIENTIFIC COMMUNITY AS HAVING EXPERTISE IN UNCOVERING FACTS THAT SERVE
AS A DIRECT BASIS, IN WHOLE OR IN PART, FOR AN OPINION AS TO THE AUTHEN-
TICITY, ATTRIBUTION OR AUTHORSHIP OF A WORK OF FINE ART OR VISUAL ART
MULTIPLE. "AUTHENTICATOR" SHALL INCLUDE, BUT NOT BE LIMITED TO, AUTHORS
OF CATALOGUES RAISONNE OR OTHER SCHOLARLY TEXTS IN WHICH AN OPINION AS
TO THE AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF A WORK OF FINE ART OR
VISUAL ART MULTIPLE IS EXPRESSED OR IMPLIED. "AUTHENTICATOR" SHALL NOT
INCLUDE A PERSON OR ENTITY THAT HAS A FINANCIAL INTEREST IN THE WORK OF
FINE ART OR VISUAL ART MULTIPLE FOR WHICH SUCH OPINION IS RENDERED OR IN
ANY TRANSACTION CONCERNING SUCH WORK OF FINE ART OR VISUAL ART MULTIPLE
FOR WHICH THE OPINION IS RENDERED, OTHER THAN TO BE COMPENSATED FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.

LBD04295-03-5
S. 1229--A 2
SERVICES SUCH PERSON OR ENTITY ENGAGED IN TO PROVIDE AN OPINION AS TO
THE AUTHENTICITY, ATTRIBUTION OR AUTHORSHIP OF SUCH WORK OF FINE ART OR
VISUAL ART MULTIPLE OR TO PROVIDE INFORMATION ON WHICH SUCH AN OPINION
IS BASED IN WHOLE OR IN PART.
S 2. Section 15.11 of the arts and cultural affairs law, as added by
chapter 849 of the laws of 1984, is amended to read as follows:
S 15.11. Express warranties. Information provided pursuant to the
provisions of this article shall create an express warranty pursuant to
section 13.05 of this title. When such information is not supplied
because not applicable, this shall constitute an express warranty that
such required information is not applicable. THIS SECTION SHALL NOT
APPLY TO AN AUTHENTICATOR'S OPINION OR INFORMATION CONCERNING A VISUAL
ART MULTIPLE OR WORK OF FINE ART, AS SET FORTH IN SUBDIVISION 23 OF
SECTION 11.01 OF THIS CHAPTER, SECTION 15.12 OF THIS ARTICLE, AND SUBDI-
VISION 4 OF SECTION 15.15 OF THIS ARTICLE.
S 3. The arts and cultural affairs law is amended by adding a new
section 15.12 to read as follows:
S 15.12. AUTHENTICATION OF WORKS OF FINE ART AND VISUAL ART MULTIPLES.
IN ANY CIVIL ACTION BROUGHT AGAINST AN AUTHENTICATOR, AS DEFINED IN
SUBDIVISION 23 OF SECTION 11.01 OF THIS CHAPTER, THAT ARISES FROM OR
RELATES TO THE AUTHENICATOR'S OPINION OR INFORMATION CONCERNING A VISUAL
ART MULTIPLE OR WORK OF FINE ART, THE CLAIMANT SHALL SPECIFY WITH PARTI-
CULARITY IN THE COMPLAINT FACTS SUFFICIENT TO SUPPORT EACH ELEMENT OF
THE CLAIM OR CLAIMS ASSERTED.
S 4. Subdivision 4 of section 15.15 of the arts and cultural affairs
law, as added by chapter 849 of the laws of 1984, is amended to read as
follows:
4. (A) In any action to enforce any provision of this article, OTHER
THAN A CIVIL ACTION BROUGHT AGAINST AN AUTHENTICATOR, AS DEFINED IN
SUBDIVISION 23 OF SECTION 11.01 OF THIS CHAPTER, THAT ARISES FROM OR
RELATES TO THE AUTHENTICATOR'S OPINION OR INFORMATION CONCERNING A VISU-
AL ART MULTIPLE OR WORK OF FINE ART, the court may allow the prevailing
purchaser the costs of the action together with reasonable attorneys'
and expert witnesses' fees.
(B) IN ANY CIVIL ACTION BROUGHT AGAINST AN AUTHENTICATOR, AS DEFINED
IN SUBDIVISION 23 OF SECTION 11.01 OF THIS CHAPTER, THAT ARISES FROM OR
RELATES TO THE AUTHENTICATOR'S OPINION OR INFORMATION CONCERNING A VISU-
AL ART MULTIPLE OR WORK OF FINE ART, THE COURT MAY ALLOW THE PREVAILING
AUTHENTICATOR THE COSTS OF THE ACTION TOGETHER WITH REASONABLE ATTOR-
NEYS' AND EXPERT WITNESSES' FEES, PROVIDED, HOWEVER, THAT NO SUCH COSTS
OR FEES SHALL BE MADE PURSUANT TO THIS SECTION EXCEPT UPON A WRITTEN
FINDING OF GOOD AND JUST CAUSE, WHICH SHALL SPECIFY THE GROUNDS THEREOF.
(C) In the event, however, the court determines that an action to
enforce ANY PROVISION OF THIS ARTICLE was brought in bad faith it may
allow such expenses to the art merchant as it deems appropriate;
PROVIDED, HOWEVER, THAT IN ANY CIVIL ACTION BROUGHT AGAINST AN AUTHENTI-
CATOR, AS DEFINED IN SUBDIVISION 23 OF SECTION 11.01 OF THIS CHAPTER,
THAT ARISES FROM OR RELATES TO THE AUTHENTICATOR'S OPINION OR INFORMA-
TION CONCERNING A VISUAL ART MULTIPLE OR WORK OF FINE ART, NO SUCH
EXPENSES SHALL BE ASSESSED OR ALLOWED AGAINST THE AUTHENTICATOR.
S 5. Subdivision 5 of section 15.15 of the arts and cultural affairs
law, as added by chapter 849 of the laws of 1984, is amended to read as
follows:
5. An action to enforce any liability under this article, BUT NOT
INCLUDING CIVIL ACTIONS AGAINST AUTHENTICATORS, shall be brought within
S. 1229--A 3
the period prescribed for such actions by article two of the uniform
commercial code.
S 6. This act shall take effect on the sixtieth day after it shall
have become a law and shall apply to all opinions as to the authentici-
ty, attribution or authorship of a work of fine art or visual art multi-
ple provided to someone other than the authenticator after such effec-
tive date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.